The Osceola times., 1887-02-19
GENERAL ASSEMBLY.
Sonata

Senate
Senator Jopes, OF Pulaski county, said;
Mr.. President, rise 10 question of prlvi
ege. desire to say tina see in this morn
ng's Gazette am reported as making
speech ia favor Of consolidation OF elec-
lions. The speech attribu ed u me was
made by Senator Thompson, OF Hemp
stead. As | do not wish to steal any Sen
ator's thunder maze this explanation.
Senate bill No. 2O3, a bill TO provide for
the settlement of the overdue tax OF the
Iron Mountain road, was read third ume;
Senator Simmons argued that the bill
was unconstitutional, because the consul
tuition prohibits the Legislature from di'
minishing any obligation or liability due
the State.
Senators Byrne, J. civilians and Gran
ieli explained the diff renee between
matter of litigation and an established
obligation. Ia this case the State holds a
claim that the railroad coDtroverts as tc
amount due.
Senator Fletcher argued that the Legis-
lature had right to make the settlement
and should do it.
Senator Potts argued that 1t 10 not neces'
sary to establish the exact amount due In
order to establish a liability. There Il
something due from the railroad to the
State. How much Is duef This fact the
courts must settle. The Legislature has
no right 10 settle it.
Senator Crockett, as chairman OF the
committee, answered Senator Potts objec-
tions. The committee had the counsel OF
the Governor and Attorney General, both
good constitutional lawyers. The cla
for taxes is a doubtful one. The chief
question is, did the State sleep on its rights
6y making no demand for the taxesi Then,
too, the iron ties of the roadbed on which
the tax may be overdue are gone. So is
every piece of rolling stock. He urged the
Senate to accept the offer. 1t Is $25O,OOO
sure. II it Is not accepted there 10 doubt
full lawsuit sure.
Senator Fletcher again explained how
the governor and attorney general or the
railroad commissioners Il yestigated the
matter carefully. They had 1t under con-
sideration since last October, and the bill
was introduced on their recommendation.
Senator Peters showed that there never
was a debt due until the State Railroad
Commissioners and the railroad attorney
agreed on the matter. They have carefully
gone all over the claim, and have agreed
ON this amount and therefore the Legisle'
ture would not violate the constitution.
Senator Stayton gave his reasons for
voting against the bill. The railroad ac'
knowledges its Indebtedness by making
the offer The railroad lost its right to
its exemption in 1872 or 1874. She owes
ten years. taxes. A reasonable valuation
per mile is $4,000, which would make at
two mills per year, more than S4oO,0OO due
the State. We are asked to settle this
matter and accept S250,000. ~ cannot
agree to It," He believed that if this
settlement is agreed to II would compro.
mise claim at 90 cents on the dollar.
Senator J. L. Williams regarded the
proposition as one OF great interest. He
showed that tile Governor and Attorney
General in their careful investigation
found that there is but seven years. taxes
due the State. In 1888 the same line OF
road was assessed at $1,000 per mile and
the courts will not permit the rate for the
seven years to be greater than that
amount. He believed that no man could
deny that to settle he matter at 1850, 900 is
to the best interest of the State.
Senator Hanna did not believe there is
any constitutional objection TO this bill
1t is not judicial proceeding but propo-
sition for compromise. 1t is settle-
ment for an unsettled claim which might
have occurred had the assessment been
made. The matter had been investigated
thoroughly by joint committee.
Senator Hammous had thought the bill
would pass without any argument. He
favored the passage Of the bill, and an-
swered the constitutional and other oh
jections that the opposition had raised.
The Chair submit ed the following com.
munication, which was read by the Sec
retsry.
Hon. d. +. Barker, President State senate;
DEAR SIR--The General Assembly at its
session two years ago appropriated $4,000
to erect two new buildings W thin The walls
of the State Penitentiary, and tie contract
for same was let to the lessees at public
letting for $4,000 less than the appro-
priation, and the buildings have been COM
pleted according 10 the specifications.
We would be glad TO have the members
Of the Senate visit the penit ntiary and in
spect these buildings, and also the old
ones, as some repairs and improvements
will be recomn ended by the Penitentiary
Committee, and the advisahility of making
them should be well understood by the
Senate, as the question will be considered
by that body.
proposition for some other improve.
ments has been submitted by both COM
mittees, which is now under consideration
by them, a copy of which we encl Ise.
should you accept this invitation, you
will find transportation in front Of the
State House at o'clock this afternoon.
Very truly yours, JAMES X. MILLER,
ALLEN n. JOHNSON, President
Secretary and Treasurer.
Adjourned.